Case Details

Citation(s)
2016 SLG 3767 2016 SLD 3767 = 2016 YLR 1441
Lahore High Court
W.P. No. 22661 of 2014, decided on 26th August, 2014.
MEHMOOD MAQBOOL BAJWA, JUSTICE
Azam Nazeer Tarar, for Petitioners (in Writ Petition No. 22661 of 2014).Waqar Hassan Mir for Petitioner (in W. P. No.22890 of 2014).Mansoor-ur-Rehman Khan Afridi, assisted by Agha I.A. Imran for
Respondent No.3.Muhammad Hanif Khatana, Advocate Gener

PERVAIZ RASHEED AND othersVS.EX-OFFICIO JUSTICE OF PEACE AND others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)----------S. 22-A(6)-----Constitution of Pakistan, Art.199-----Constitutional petition-----Power of Justice of Peace to issue appropriate direction to the Police authorities-----Scope-----Prayer for constitution of larger bench to determine the legality and binding force of S.22-A, Cr.P.C. in view of admission of constitutional petitions for regular hearing, issuance of injunctive order regarding suspension of proceedings before Justice of Peace; and order made by Justice of Peace, issuance of notices to Federation of Pakistan, and Governor of Punjab was declined by High Court.(b) Criminal Procedure Code (V of 1898)----------S. 22-A-----Constitution of Pakistan, Art. 199-----Powers of Justice of Peace-----Scope-----Leave granting order of Supreme Court-----Effect-----Leave granting order by the Supreme Court, and issuance of notices to Attorney General and Advocate Generals of the four Provinces in an appeal whereby vires of S.22-A, Cr.P.C. was challenged, by itself would not be sufficient to suspend the proceedings relating to scope of S.22-A, Cr.P.C. in constitutional petitions before the High Court-----"Leave granting order or leave refusing order" by the Supreme Court was not a " ".University of Health Sciences and others v. Mumtaz Ahmad and another 2010 SCMR 767 ref.(c) Criminal Procedure Code (V of 1898)----------S. 22-A(6)-----Powers of Justice of Peace to issue appropriate directions to the Police authorities-----Hearing of accused-----Necessity-----Hearing of accused, was not necessary by Justice of Peace, prior to making any order while deciding the petition under S. 22-A(6), Cr.P.C.Saeed Ahmad and others v. Naseer Ahmad and others PLD 2000 Lah. 208; Sanaullah v S.H.O., Police Station Civil Lines, Gujrat and 3 others PLD 2003 Lah. 228; and Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470 ref.(d) Criminal Procedure Code (V of 1898)----------Ss. 22-A(6), 154 & 156-----Purpose and object of recording of FIR-----Inquiry as to correctness or otherwise of allegations-----Recording of FIR, was to set the criminal law in motion, and to obtain first hand information…
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